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Madras High CourtWP(MD)/21389/2017disposed of

G.Narayanasamy, v. The Secretary To Government,

2017-11-22Honourable Mr Justice P.D.Audikesavalu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.21389 of 2017 G.Narayanasamy ... Petitioner Vs.

1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-600 009.

2. The Director of Public Health and Preventive Medicine, Chennai-600 006.

3. The Deputy Director of Health Services, Collectorate Complex, Virudhunagar-626 002.

4. The Deputy Director of Health Services, No.6, Kadalayur Road, Kovilpatti-628 502, Thoothukudi District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Health and Family Welfare Department, Chennai to pass appropriate orders on the petitioner's representation dated 30.09.2017 regarding payment of travelling allowance for the period from March, 2013 to September, 2013 and payment of surrender of leave salary for the period of two months i.e., from 12.03.2014 and 12.03.2016, within a specified time frame that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.A.K.Baskar Pandian, Special Government Pleader.

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent i.e., the Secretary to Government, Health and Family Welfare Department, Chennai to pass

appropriate orders on the petitioner's representation dated 30.09.2017 regarding payment of travelling allowance for the period from March, 2013 to September, 2013 and payment of surrender of leave salary for the period of two months i.e., from 12.03.2014 and 12.03.2016, within a specified time frame that may be fixed by this Court.

2.Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader, who takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned Special Government Pleader appearing for the respondents submits that the fourth respondent, viz., the Deputy Director of Health Services, is the competent authority to grant aforesaid benefits sought by the petitioner in the said representation and it would suffice if the petitioner makes a representation in that regard to the fourth respondent. 4.

Having regard to the limited nature of relief sought, without expressing any view on the correctness or entitlement of the claim made by the petitioner, this Court permits the petitioner to submit the copy of the representation dated 30.09.2017 along with the copy of this order to the fourth respondent, who shall dispassionately consider the same and pass reasoned orders on merits in accordance with law and communicate the decision taken to the petitioner and file a report of such compliance to the Registrar (Judicial) of this Court on or before 31.01.2018.

5.Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai-600 009.

2. The Director of Public Health and Preventive Medicine, Chennai-600 006.

3. The Deputy Director of Health Services, Collectorate Complex, Virudhunagar-626 002.

4. The Deputy Director of Health Services, No.6, Kadalayur Road, Kovilpatti-628 502, Thoothukudi District.

Copy to:

The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO Mr.S.Visvalingam , Advocate in SR No. 88630 + 1 cc TO The Special Government Pleader in SR No. 89251 Myr AE/KK/SAR1/07.12.2017/3P/8C W.P.(MD)No.21389 of 2017 22.11.2017